IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15417 OF 2019(LA-KIADB) BETWEEN:
M/S S.N.N. BUILDERS PVT LTD., NO.4, ELEPHANT ROCK ROAD, 3RD BLOCK, JAYANAGAR, BANGALORE – 560 011.
REPRESENTED BY ITS MANAGING DIRECTOR, MR SHAH SANJAY ... PETITIONER (BY SRI. GOUTHAM CHAND S.F, ADV.,) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE & INDUSTRIES, M S BUILDING, BANGALORE – 560 001.
2. THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, NO.14/2, RP BUILDING, NRUPATHUNGA ROAD, BANGALORE – 560 002. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER & EXECUTIVE MEMBER.
3. THE SPECIAL LAND ACQUISITION OFFICER-1, KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD (BMICP) NO.2, MOURYA MANSION, GANDHINAGAR, BANGALORE – 560 009.
... RESPONDENTS (BY SRI.E.S.INDIRESH, AGA FOR R1; SRI.B.B.PATIL, ADV., FOR R2 AND R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT PRELIMINARY NOTIFICATION DATED 2.6.1999 [ANNEXURE - F] HAS LAPSED AND HAS NO FORCE OF LAW IN SO FAR AS IT RELATES TO SCHEDULE PROPERTY ALONG WITH CONSEQUENTIAL RELIEFS THERETO.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Goutham Chand S.F, learned counsel for the petitioner.
Sri.E.S.Indiresh, learned Additional Government Advocate for respondent No.1.
Sri.B.B.Patil, learned counsel for respondent Nos.2 and 3.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks to declare that Preliminary Notification dated 2.6.1999 [Annexure - F] has lapsed and has no force of law in so far as it relates to schedule property along with consequential reliefs thereto.
3. When the matter was taken up today, learned counsel for the parties jointly submitted that the controversy involved in the instant petition is squarely covered by the order dated 24.07.2017 passed by a bench of this Court in W.P.Nos.18956- 958/2016 (LA-KIADB).
4. In view of the aforesaid submission and for the reasons assigned in the order dated 24.07.2017 passed in W.P.Nos.18956-958/2016 (LA-KIADB), this petition also stands disposed of in similar terms.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE dn/-